HomeMy WebLinkAbout79-007 RendellEdward G. Rendell, Esquire
District Attorney
2300 Center Square West
Philadelphia, Pennsylvania 19102
Dear Mr. Rendell:
May 11, 1979
79 -007
In your letter of March 28, 1979, you requested the State
Ethics Commission to issue an opinion concerning the application of Act 170
of 1978 to various members of your staff. Your letter raised the follow-
ing questions: (1) are assistant district attorneys appointed by the
district attorney "public officials" as that term is defined in Act 170
and therefore required to file a statement of financial interest pursuant
to Section 4(d) of the Act ?; (2) does Section 3(e) of the Act bar former
assistant district attorneys from practicing criminal law as defense
attorneys in the county in which they served as members of the district
attorney's office\?; and (3) are various members of your staff who perform
contracting and monitoring duties "public employees" under the Act?
The Act defines "public official" as any "elected or appointed
official in the Executive, Legislative or Judicial Branch of the state
or any political subdivision thereof..." It is the Commission's opinion
that assistant district attorneys are "public officials" and therefore
required to file a statement of financial interest as required by Section 4
of the Act.
It is the Commission's opinion that the District Attorney's
Office is a "governmental body" but that assistant district attorneys,
upon leaving the District Attorney's Office, are not prohibited by
Section 3(e) of the Act from representing clients in criminal cases for
a period of one year as representation in such cases occurs before courts
rather than the District Attorney's Office, the "governmental body" with
which the former assistant district attorney was associated.
Edward G. REndell, Esquire
May 11, 1979
Page Two
Further, it is the Commission's opinion that members of
your staff whose duties include authorizing the purchase of equipment, con-
tracting with local groups to provide services to the District Attorney's
Office pursuant to grants, acting as project director for grants, reviewing
applications for grants to the Law Enforcement Assistance Administration
or the Governor's Justice Commission or other such agencies, or preparing
or submitting quarterly progress reports on Governor's Justice Commission
projects are "public employees" as that term is defined under the Act
and therefore required to file a statement of financial interests as
required by Section 4 of the Act.
This letter is a public record by law and will be made
available as such.
Sincerely,
Paul J. Smith
Chairman